Mainstreaming biosafety Peter Deupmann, Legal Officer, Secretariat - - PowerPoint PPT Presentation

Mainstreaming biosafety

Peter Deupmann, Legal Officer, Secretariat of the Conven>on on Biological Diversity

Conven&on

• n Biological

Diversity

May 1992

Cartagena Protocol on Biosafety

January 2000 Nagoya – Kuala Lumpur Supplementary Protocol October 2010

Nagoya Protocol on ABS

October 2010

United Na&ons Conference on Environment and Development (UNCED)

The CBD tree

Ar>cle 19(3) CBD The Par>es shall consider […] a protocol seKng out appropriate procedures, including, in par>cular, advance informed agreement, in the field of the safe transfer, handling and use of any LMO […] that may have adverse effect on the conserva&on and sustainable use of biological diversity

Conven&on on Biological Diversity

Ar>cle 19(3)

Cartagena Protocol on Biosafety

The Cartagena Protocol

• A (binding) mul>lateral agreement
• Nego>ated in accordance with Ar>cle 19(3) of the

Conven>on on Biological Diversity (CBD)

• Adopted 29 January 2000, in force since 11 September

2003

• 170 Par>es
• Governed by mee>ng of the Par>es (COP-MOP)

To contribute to ensuring the safe transfer, handling and use of LMOs resul>ng from modern biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health

LMOs and applicable procedures

Category Procedure for transboundary movement LMOs for inten&onal introduc&on into the environment (e.g. certain seeds and live fish) Advance Informed Agreement (AIA) (Art. 10) LMOs intended for direct use as food, feed or processing (e.g. commodi3es such as soy, canola) Decision on domes>c use; Decision

• n import (Art. 11)

LMOs for contained use (e.g. bacteria for use in laboratories) Exempt from AIA (subject to na>onal standards of Party of import)

Key procedures and requirements

LMOs for inten&onal introduc&on into the environment LMOs for food, feed or processing (FFP)

• No&fica&on
• Acknowledgement
• Decision

Ø in accordance with Art. 10 or domes>c framework Ø based on risk assessment

AIA

• Decision on domes&c use of LMO that

may be subject to TBM

• Import decision

Ø in accordance with Art. 11 or domes>c framework Ø based on risk assessment (Art. 11)

Final decision BCH

Addi&onal aspects: Ø Public consulta&on Ø Socio- economic (op&onal)

TBM

Review of decision (Art. 12) Requirements on handling, packaging, transporta&on, documenta&on (Art. 18) Risk management (Art. 16) Liability and redress (Supplementary Protocol) Review of decision (Art. 12)

no>fier

Conven&on on Biological Diversity

Ar>cle 19(3)

Cartagena Protocol on Biosafety

Common objec>ves and substance

Objec>ves Substance

Common objec>ves

• conserva>on of biological diversity
• sustainable use of the components of biological

diversity

• fair and equitable sharing of the benefits arising
• ut of the u>liza>on of gene>c resources

Conven&on

• n Biological

Diversity

• to contribute to ensuring an adequate level of

protec>on in the field of the safe transfer, handling and use of LMOs […] that may have adverse effects

• n the conserva>on and sustainable use of

biological diversity, taking also into account risks to human health

Cartagena Protocol on Biosafety

Commonali>es in substance

• Each Contrac>ng Party shall […] establish or

maintain means to regulate, manage or control the risks associated with the use and release of LMOs […] Ar&cle 8(g) Conven&on

• n Biological

Diversity

• Each Contrac>ng Party shall […] provide any

available informa>on about the use and safety regula>ons required by that Contrac>ng Party in handling [LMOs], as well as any available informa>on on the poten>al adverse impact […] Ar&cle 19(4) Conven&on

• n Biological

Diversity

Implementa>on

Implementa>on of the CBD

• Develop na&onal strategies, plans or programmes for the

conserva>on and sustainable use of biological diversity or adapt exis>ng ones for this purpose

• Integrate […] the conserva>on and sustainable use of biological

diversity into relevant sectoral or cross sectoral plans, programmes and policies

CBD Ar>cle 6

• Regulate or manage biological resources important for the

conserva>on of biological diversity [..] with a view to ensuring their conserva>on and sustainable use

CBD Ar>cle 8(c)

• Integrate considera>on of the conserva>on and sustainable use
• f biological resources into na>onal decision-making;
• Adopt measures rela>ng to the use of biological resources to

avoid or minimize adverse impacts on biological diversity;

CBD Ar>cle 10 (a)(b)

NBSAP

Implementa>on of the CBD Strategic Plan and NBSAP

COP decision X/2 (2010) Adop>on of the revised and updated Strategic Plan for

Biodiversity, including the Aichi Biodiversity Targets,

for the period 2011-2020

NBSAP

(developed by almost all Contrac>ng Par>es in accordance with Ar>cle 6(1))

na>onal inter- governmental

No formal equivalent of the NBSAPs exists in rela>on to the Protocol However, the measures taken and mechanisms established at the na>onal level to implement the Protocol are referred to as the Na>onal Biosafety Framework

Implementa>on of the Protocol

• Each Party shall take the necessary and appropriate legal,

administra>ve and other measures to implement its

• bliga>ons under this Protocol

Protocol ar>cle 2(1)

• Policy;
• Legisla>on;
• Ins>tu>ons /system for: decision-taking,

monitoring, inspec>on, enforcement, public informa>on, etc.

Na&onal Biosafety Frameworks

Implementa>on of the Protocol: Strategic Plan for Biosafety and NBF

COP-MOP decision BS-V/16 (2010) Adop>on of the Strategic Plan for the Cartagena

Protocol for the period 2011-2020 Na>onal biosafety frameworks (NBF)

[policy, legisla>on, ins>tu>ons and systems]

na>onal inter- governmental

Integrated Implementa>on

biosafety ABS liability & redress conserva&on and sustainable use of biological diversity

COP-MOP and integra>on

• Further urges Par>es and invites other Governments to integrate and

priori>ze biosafety within their na>onal biodiversity strategies and ac>on plans and na>onal development plans and programmes, as appropriate;

BS- VII/ 5

• Urges Par3es and invites other Governments to:

Review and align […] their na>onal ac>on plans and programmes relevant to the implementa>on of the Protocol, including their NBSAP, with the Strategic Plan;

BS- V/16

COP and integra>on

CBD ar>cle 6

• Encourages Par>es to integrate biosafety and access and benefit-

sharing into na&onal biodiversity strategies and ac&on plans, na>onal development plans and other relevant sectoral and cross- sectoral policies, plans and programmes, as appropriate, taking into account na>onal circumstances, legisla&on and priori&es;

• Encourages Par>es and other Governments, as appropriate, in

accordance with na>onal circumstances and priori>es, to strengthen na&onal coordina&on mechanisms to facilitate a coordinated approach to the implementa&on of the Conven&on and its Protocols as well as other biodiversity-related conven>ons and the

• ther Rio conven>ons.

COP XII/ 29

Why integra>on?

conserva&on and sustainable use of biological diversity

Ra>onale for integra>on

Objec>ves of both instruments are

• verlapping

Implementa>on of the Protocol helps the implementa>on of the Conven>on and vice versa The various and repeated calls by COP and COP-MOP for integra>on, can be understood for different reasons Integra>on inherent part of Conven>on and Protocol Integrated implementa>on may lead to efficiency savings To obtain bener financing

Integra>on for efficiency savings

Integra&on

risk assessment Informa>on sharing through BCH Capacity building Awareness raising and educa>on Research risk management

Integra>on for bener funding

• Urges Par>es and invites other Governments and relevant interna>onal
• rganiza>ons, as appropriate, to: […] (b)Allocate adequate human and

financial resources necessary to expedite the implementa>on of the Strategic Plan;

BS- V/ 16

Mainstreaming biosafety is seen as key to accessing the necessary resources for biosafety ac>vi>es and for the implementa>on of the Protocol as recognized in various COP-MOP decisions.

Funding and mainstreaming

• Also urges Par>es and invites other Governments to implement […] the

following strategic measures within the overall framework of the strategy for resource mobiliza>on in support of the Conven>on on Biological Diversity, with a view to mobilizing addi&onal financial resources for implementa&on of the Protocol: (a) Mainstream biosafety into the na&onal development plans (b) Establish strong outreach programmes targe&ng key policymakers, parliamentarians;

• Invites Par>es and other Governments to engage in ac>vi>es to raise

awareness of relevant government officials (including GEF opera&onal focal points) regarding the importance of biosafety and the na>onal

• bliga>ons under the Cartagena Protocol on Biosafety with a view to

ensuring due considera&on of biosafety in the programming of the na&onal GEF alloca&ons for biodiversity;

• Urges Par>es to improve their efforts to access funding for biosafety

projects from the Global Environment Facility, inter alia, through be_er coordina&on between Cartagena Protocol na&onal focal points, CBD na&onal focal points, and GEF opera&onal focal points;

BS- VII/ 5

How to integrate?

conserva&on and sustainable use of biological diversity

Increased awareness of values of biodiversity and steps to be taken for conserva>on and sustainable use Biodiversity values integrated into development and poverty reduc>on strategies and planning processes Sustainable produc>on and consump>on Sustainable agriculture, aquaculture, forestry Preven>on and control of invasive alien species Maintaining gene>c diversity Ecosystem restora>on and conserva>on for climate change mi>ga>on and deser>fica>on control

Biosafety and the Aichi Targets

Biosafety can affect various Aichi Biodiversity Targets:

Integra>on process

1

• Priori>es & objec>ves

2

• Stakeholders and partners

3

• Entry points

Objec>ves (interna3onal)

sustainable use biosafety conserva>on

Objec>ves (na3onal)

sustainable use biosafety food security health development conserva>on

Objec>ves and priori>es

sustainable use biosafety food security educa>on health development conserva>on climate change agriculture forestry aquaculture tourism

Stakeholders and partners

• bjec>ves

and priori>es stakeholders

• Sectoral (all levels)
• Public: NGOs; indigenous peoples and

local communi>es; general public

• Private: industry; farmers
• Inter-sectoral
• Academic ins>tu>ons

Why stakeholders should be involved

stakeholders

• Due process
• Provide informa>on
• Raise awareness
• Enhance understanding
• Create support

Par>cipa>on Transparency Access to informa>on Accountability Consensus

• riented

Empowerment Good governance

Entry points

Na&onal Biosafety Frameworks

Policy Legisla>on Systems Entry points should be iden>fied in policy, law and ins>tu>ons

Priori>es and entry points

NBSAP Trade policies Poverty Reduc&on Strategies Sustainable Development Strategies

Policy

Filtering criteria

• Highest added value
• Greatest poten>al
• Low-hanging fruit
• Collabora>on with stakeholders and sectors
• Specific opportuni>es:
• ongoing draoing process of policies or legisla>on
• budgets are being prepared
• Ins>tu>onal changes are discussed
• Change of government
• Crises or hazards
• Donor discussions
• General overhaul of important na>onal policies

(development, trade, environment)

Tools and approaches

systems legisla>on policy

TOOLS AND APPROACHES

• Environmental impact assessment
• Strategic environmental assessment
• Economic tools, such as incen>ves and taxes
• Private standards and voluntary cer>fica>on systems
• Ecosystem approach to management
• Good prac>ce guidelines

Mainstreaming strategy

1

• Priori>es & objec>ves

2

• Stakeholders and partners

3

• Entry points

Integra>on strategy building blocks

Priori>es and objec>ves Stakeholders and partners Entry points Communica>on and awareness building resources Capacity building

building blocks for integra&on

Mainstreaming biosafety into NBSAPs

• Reflects shared objec>ves between CBD and

CPB

• Guided by respec>ve governing bodies (COP

and COP-MOP)

• Na>onal authori>es aware of other instrument
• Many areas of convergence in substance

Mainstreaming biosafety into NBSAPs

At least 50 NBSAPs address biosafety in various ways:

• Men>on biosafety and the need for

implementa>on of the Protocol (Albania)

• Priority area or specific theme (Uganda 2016;

Malawi)

• Strategic goals, na>onal targets
• Biosafety specific ac>on plan (Malawi 2006)

Thank you

Secretariat of the Convention on Biological Diversity World Trade Centre 413 St. Jacques Street, suite 620 Montreal, Quebec, Canada H2Y 1N9

• Tel. 1 (514) 288 2220

secretariat@cbd.int www.cbd.int

http://bch.cbd.int/protocol secretariat@cbd.int www.facebook.com/UNBiodiversity